Grower: Colorado Department of Agriculture Licensed, Industrial Hemp Registration – # 74445
Legislation established the legality of industrial hemp produced in state pilot agricultural programs. “Industrial Hemp means the plant Cannabis sativa L. and any part of such plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis”. An important legal distinction also appears in the first sentence of this bill, stating: “Notwithstanding the Controlled Substances Act (21 U.S.C. 801 et seq.), the Safe and Drug-Free Schools and Communities Act (20 U.S.C. 7101 et seq.), chapter 81 of title 41, United States Code, or any other Federal law”. The term “notwithstanding” was widely used by the 114th Congress as a way to supersede previous laws that may apply, without going through the process of overturning them. This confirms that industrial hemp cannot be considered “marijuana” under the CSA.
Consolidated Appropriations Act, Sec. 763 (2016)
This legislation was the omnibus federal budget for FY2016. According to 7 U.S.C. §5940 the term “Industrial Hemp” means the plant “Cannabis sativa L. And any part of such plant, whether growing or not, with a Delta-9 tetrahydrocannabinol (Delta-9 THC) concentration of not more than 0.3% on a dry weight basis. ONLY THE DELTA-9 THC LEVEL IS RELEVANT, NOT THC-A, THIS HEMP FLOWER HAS A DELTA-9 THC LEVEL ON A DRY WEIGHT BASIS EQUAL TO 0.1% OR LOWER, WELL BELOW THE 0.3% MAXIMUM LEVEL and, therefor, this flower is hemp, not marijuana, and is perfectly legal to posses and sell. This right applies in any state pursuant to the full faith and credit clause, Article VI, Section 1 of the Constitution, the Supremacy Clause Article VI, section 2 of the Constitution, and the Equal Protection Clause, Section 1 of the Fourteenth Amendment.